Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

iii. Violations Are a Frequent Source of Liability The hiring of “short-term employees” is one of the most hotly contested and difficult issues facing community college districts. Indeed, violations of this provision are a frequent source of liability and have resulted in millions of dollars in settlements. The most frequently violated requirement—and most often resisted—is that the service, once completed, will not be extended or needed on a continuing basis. This means, for example, that districts cannot continually hire seasonal financial aid clerks, admissions, clerks, bookstore clerks, and instructional aides. In other words, instead of seasonal temporary employment, these employees must be given permanent part-time employee status.

In the short run, it may be seem less costly to districts to continue with their practices of seasonal temporary employment. But following the law and complying with the Education Code will in the long run save districts from the possibility of facing even more costly liability.

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4. S UBSTITUTES (N ON -M ERIT S YSTEMS ) 67 A “substitute” employee is one who is hired to replace a classified employee temporarily absent from duty. To be excluded from classification, a substitute employee must be employed and paid for less than 75% of the college year. Seventy-five percent of a college year for substitutes also means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of the number of hours worked per day. The 195 days must be all in the same school year. 68 Non-working Saturdays and Sundays are not counted in determining whether employees of a school district should be regarded as classified employees. 69 If the district is in the process of trying to fill a permanent position, the governing board can fill the vacancy with substitute employees on a temporary basis, provided that the employment does not exceed 60 days, unless a provision in a Collective Bargaining Agreement provides otherwise.

Note: A substitute employee that is employed for more than 195 working days is presumed to become a probationary employee. 70

In addition to consulting the Education Code, you should always check the appropriate collective bargaining agreement provisions to determine if there are any additional hiring rules that are applicable.

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Case Study on Substitute Employees:

California School Employees Assn. v. Governing Bd. Of the South Orange Community College District 71 The District hired Samuel Hamblen as a substitute warehouse worker during the 1997-1998 college year. During that time, Hamblen substituted for several classified employees 222 days of the college year. Alfredo Osuna worked as a substitute custodian 229 days during the 1998-1999 college year. From 1996

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 30